CRIMINAL PETITION NO. 3478 OF 2025

C/W

CRIMINAL PETITION NO. 2990 OF 2025

IN CRL.P No. 3478/2025

BETWEEN:

1. B.S.JAGADISH

S/O B.R.SOMASUNDAR,

AGED ABOUT 56 YEARS,

RESIDING AT HIG-68,

KHB COLONY, 60FT ROAD,

VINOBANAGAR,

SHIVAMOGGA – 577 204.

2. RAVASAHEB GALABI

S/O HONNAPPA GALABI,

AGED ABOUT 52 YEAS,

RESIDNG AT NO. 20/2,

2ND FLOOR, QUEEN ROAD,

H.K.P. ROAD,

BENGALURU – 560 051.

3. NIRANJAN KC

S/O K.E.CHANNABASAPPA,

AGED ABOUT 47 YEARS,

RESIDING AT HLC 20CD

4TH CROSS, HUTTA COLONY,

BHADRAVATHI,

SHIVAMOGGA – 577 301.

…PETITIONERS

(BY SRI S.SRIRANGA, SR.ADVOCATE FOR SMT.SUMANA NAGANAND, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY ITS BHADRAVATHI NEW TOWN POLICE STATION,

SHIVAMOGGA – 577 301.

REPRESENTED BY HCGP

HIGH COURT BUILDING

BENGALURU – 01.

2. MR.RAVI B.N.,

S/O LATE NAGARAJ RAO A.H.,

AGED ABOUT 42 YEARS,

RESIDING AT SRI RAGHAVENDRA KRUPA,

GANDHINAGARA, 2ND CROSS, HALENAGARA

BHADRAVATHI, SHIVAMOGGA – 577 301.

…RESPONDENTS

(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;

SRI RAVISHANKAR K., ADVOCATE)

THIS CRL.P FILED U/S 528 OF BNSS BY PRAYING TO a) QUASH THE FIRST INFORMATION REPORT DATED 19.02.2025 (ANNEXURE E) LODGED BY RESPONDENT NO.1 AND COMPLAINT DATED 19.02.2025 (ANNEXURE F) FILED BY RESPONDENT NO.2 AS AGAINST PETITIONERS HEREIN U/S. 3(1)(r), 3(1)(s) AND 3(1)(va) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 (1989 ACT) AND SECTION 351(2), 352, 127(2) AND 190 OF THE BHARATHIYA NAGARIK SURAKSHA SANHITA, (BNSS) 2023; b) CONSEQUENTLY, QUASH ALL FURTHER PROCEEDINGS IN CRIME NO.39/2025 PENDING ON THE FILES OF IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA (SITTING AT BHADRAVATHI) AS AGAINST PETITIONERS HEREIN U/S. 3(1)(r), 3(1)(s) AND 3(1)(va) OF THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 (1989 ACT) AND SECTION 351(2), 352, 127(2) AND 190 OF THE BHARATHIYA NAGARIK SURAKSHA SANHITA, (BNSS) 2023.

IN CRL.P NO. 2990/2025

BETWEEN:

1. MR.MADUKAR JOIS Y.V.,

S/O YTV JOISE,

AGED ABOUT 65 YEARS,

RESIDING AT TILAKA, 4TH CROSS,

JAYADEVA EXTENSION, ALKOLA,

VINOBANAGAR,

SHIVAMOGGA – 577 201.

2. MR.PRATHEEK M. JOIS

S/O MADHUKAR JOIS Y.V.,

AGED ABOUT 36 YEARS,

RESIDING AT TILAKA, 4TH CROSS,

JAYADEVA EXTENSION,

ALKOLA, VINOBANAGAR,

SHIVAMOGGA – 577 201.

...PETITIONERS

(BY SRI S.SRIRANGA, SR.ADVOCATE FOR SMT.SUMANA NAGANAND, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY ITS BHADRAVATHI POLICE STATION,

SHIVAMOGGA – 577 301

REPRESENTED BY

SPECIAL PUBLIC PROSECUTOR,

HIGH COURT BUILDING

BENGALURU – 560 001.

2. MR.RAVI B.N.,

S/O LATE NAGARAJ RAO A.H,

AGED ABOUT 42 YEARS,

RESIDING AT SRI RAGHAVENDRA KRUPA,

GANDHINAGARA, 2ND CROSS,

HALENAGARA, BHADRAVATHI,

SHIVAMOGGA – 577 301.

...RESPONDENTS

(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;

SRI RAVISHANKAR K., ADVOCATE FOR R-2)

THIS CRL.P FILED U/S.528 OF BNSS PRAYING TO A. QUASH THE FIR DATED 19.02.2025 (ANNEXURE E) LODGED BY RESPONDENT NO.1 AND COMPLIANT DATED 19.02.2025 (ANNEXURE F) FILED BY RESPONDENT NO.2 AS AGAINST THE PETITIONER HEREIN; B. CONSEQUENTLY, QUASH THE CRIME NO.39/2025 PENDING ON THE FILES OF IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA (SITTING AT BHADRAVATHI) AS AGAINST THE PETITIONERS HEREIN U/S.3(1)(r), 3(1)(s) AND 3(1)(va) OF SC/ST (POA) ACT 1989 AND SEC.351(2), 352, 127(2), 190 OF BNSS 2023 WHEN OPENED BY RESPONDENT NO.1.

THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Criminal petition No.2990/2025 is preferred by accused Nos.1 and 2 in Crime No.39/2025, now pending before the IV Additional District and Sessions Judge, Shivamogga (sitting at Bhadravathi), for the offences under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Sections 351(2), 352, 127(2) and 190 of the BNS. The companion petition is preferred by accused Nos.3, 4 and 5 in the said crime.

2. The complainant in these two petitions is common and the two petitions concern accused Nos.1 to 5